Philip
Speeding Up
- Feb 15, 2007
- 765
- 11
Back in March on the KT5 Tanzawa-ko Loop ride I was involved in an accident with a car. Last week I signed the final papers that brought the insurance process to conclusion. The past 4 months have been a learning experience. Thomas has asked me to share that experience with you. You may learn something.
After the accident my bike was a write-off - the top tube and down tube snapped. I had no broken bones, just a few cuts and grazes. The car received minor damage - a broken wing mirror. There was no animosity between myself and the driver. The driver was extremely concerned about me. The police arrived and took statements. I was offered an ambulance which I declined. The driver and I exchanged details. I put my bike in a garbage bag and got the train home.
Next day I get a call from the drivers insurance company. Do I have insurance? No. Have I gone to the office (Monday) today? Yes. "You should go to the hospital for a check up" they recommended. I had a stiff shoulder but was OK. I was busy. I was not going to the hospital. The insurance company person said another person would contact me who would deal with my case.
That afternoon, Insurance Person 2 calls. "My client thinks that at the very least it is 60% / 40% in their favor" Insurance Person 2 tells me. "I disagree" I said. "We will come back to you" I am told. The attitude is rude and clearly the insurance company are going to play hardball. They know I lack the knowledge and experience to deal with them.
Lesson 1: Get representation. You should buy insurance, not for the coverage but for representation your liability buys you. Insurance companies cannot bullshit each other because they have equal knowledge and experience.
HINT: If you learn lesson 1 you do not need to read the rest of this
I decide I need to educate myself quickly. I search the internet.
Lesson 2: A) In accidents, the Japanese system assigns the weight of responsibility to the stronger/larger/heavier party. e.g., the weight of responsibility will be assigned to the car in a bicycle/car accident. The weight of responsibility will be assigned to the bicycle in a person/bicycle accident. B) The Japanese government has a huge book full of accident scenarios and for each scenario they have preassigned weights of responsibility. In my case it was 20/80 in my favor (If I had been a child or pensioner it would have been 10/90). It is important to identify your accident scenario. Don't let someone else decide the appropriate scenario for you. They can all be accessed online.
Luckily for me, my wife's cousin is a lawyer and he agreed to represent me. He instructed me to go to hospital and get a check-up. I did and they gave me a Personal Injury note that said my shoulder injury would take three weeks to heal.
Lesson 3: Personal injury cases automatically become legal cases in which the police are involved. The police will complete a thorough accident investigation. Convictions will be made against the guilty party. In a bicycle/car accident this is most likely to be against the car driver. If you get into an ambulance, it will automatically become a police case.
My lawyer gave a copy of my Personal Injury note to the insurance company. There is no limitation in Japan on bringing personal injury cases. Therefore, despite not using an ambulance, you can file a personal injury case at a later date. If you do file a personal injury case at a later date then you must do so at the police station that dealt with your accident and the other party must attend.
Lesson 4: The insurance company does not care about your million yen carbon fiber wonder. Personal injury liability is what scares them.
The insurance company suggested things could be worked out without my lawyer filing a personal injury case. The insurance company offered to pay for an independent private Accident Investigation report (this makes sense to the insurance company because it will tell them how much risk of losing any subsequent court case). My lawyer agreed highlighting to the insurance company that a private accident investigation is not binding and any subsequent police accident investigation would take priority, if and when we filed a personal accident claim.
Lesson 5: Work out exactly what happened. Reenact the accident on a table with toy cars so you know what could and could not be seen. Talk to witnesses. Build an accurate and honest picture. The car driver claimed I failed to take avoiding action and was traveling too fast. I was able to demonstrate that I could not see the car until seconds before it pulled into view and that my speed was moderate. Based on their and my evidence it was proven the driver crossed the road blind. The driver had been caught in a lie.
The Insurance Company sent an assessor to my house to view the bicycle. Before the visit I collected brochures of the original bike and brochures for a comparative replacement. When he arrived I was honest and friendly. I talked about the bikes value and the cost of replacing it using the evidence I had collected. He thanked me because it saved him time and effort. He complained many people try to overstate their claims.
Lesson 6: The assessor knows bicycles. Do not discuss discounts you received when purchasing the bike. Just help them to identify the actual retail value at the purchase date and the current replacement value.
Towards the end of the conversation the assessor will probe you about what settlement will be acceptable to you.
Lesson 7: The assessor knows what the insurance company will accept and will not accept. He needs to understand what you will accept. Don't make his life hard by trying to bump up the price. He wants to close the case and will work in your favor if he can do so immediately.
The insurance company took 4 months to bring this to conclusion. If you appear desperate by constantly calling and asking questions it weakens your position. The insurance company must settle to everyone's agreement. Letting them take their time means they always have to come back to you with an offer.
Lesson 8: Leave the responsibility to sort the accident out with the insurance company. If you call asking questions you show you are worried and are more prone to agreeing to worse terms.
Conclusion: The case was settled 90/10 in my favor. I did not pay any costs. I received the full cost of my bike and they made a token payment for my shoulder injury.
I hope this helps if you find yourself in the same situation. Don't forget. Buy insurance today so you have representation in the event of an accident.
After the accident my bike was a write-off - the top tube and down tube snapped. I had no broken bones, just a few cuts and grazes. The car received minor damage - a broken wing mirror. There was no animosity between myself and the driver. The driver was extremely concerned about me. The police arrived and took statements. I was offered an ambulance which I declined. The driver and I exchanged details. I put my bike in a garbage bag and got the train home.
Next day I get a call from the drivers insurance company. Do I have insurance? No. Have I gone to the office (Monday) today? Yes. "You should go to the hospital for a check up" they recommended. I had a stiff shoulder but was OK. I was busy. I was not going to the hospital. The insurance company person said another person would contact me who would deal with my case.
That afternoon, Insurance Person 2 calls. "My client thinks that at the very least it is 60% / 40% in their favor" Insurance Person 2 tells me. "I disagree" I said. "We will come back to you" I am told. The attitude is rude and clearly the insurance company are going to play hardball. They know I lack the knowledge and experience to deal with them.
Lesson 1: Get representation. You should buy insurance, not for the coverage but for representation your liability buys you. Insurance companies cannot bullshit each other because they have equal knowledge and experience.
HINT: If you learn lesson 1 you do not need to read the rest of this
I decide I need to educate myself quickly. I search the internet.
Lesson 2: A) In accidents, the Japanese system assigns the weight of responsibility to the stronger/larger/heavier party. e.g., the weight of responsibility will be assigned to the car in a bicycle/car accident. The weight of responsibility will be assigned to the bicycle in a person/bicycle accident. B) The Japanese government has a huge book full of accident scenarios and for each scenario they have preassigned weights of responsibility. In my case it was 20/80 in my favor (If I had been a child or pensioner it would have been 10/90). It is important to identify your accident scenario. Don't let someone else decide the appropriate scenario for you. They can all be accessed online.
Luckily for me, my wife's cousin is a lawyer and he agreed to represent me. He instructed me to go to hospital and get a check-up. I did and they gave me a Personal Injury note that said my shoulder injury would take three weeks to heal.
Lesson 3: Personal injury cases automatically become legal cases in which the police are involved. The police will complete a thorough accident investigation. Convictions will be made against the guilty party. In a bicycle/car accident this is most likely to be against the car driver. If you get into an ambulance, it will automatically become a police case.
My lawyer gave a copy of my Personal Injury note to the insurance company. There is no limitation in Japan on bringing personal injury cases. Therefore, despite not using an ambulance, you can file a personal injury case at a later date. If you do file a personal injury case at a later date then you must do so at the police station that dealt with your accident and the other party must attend.
Lesson 4: The insurance company does not care about your million yen carbon fiber wonder. Personal injury liability is what scares them.
The insurance company suggested things could be worked out without my lawyer filing a personal injury case. The insurance company offered to pay for an independent private Accident Investigation report (this makes sense to the insurance company because it will tell them how much risk of losing any subsequent court case). My lawyer agreed highlighting to the insurance company that a private accident investigation is not binding and any subsequent police accident investigation would take priority, if and when we filed a personal accident claim.
Lesson 5: Work out exactly what happened. Reenact the accident on a table with toy cars so you know what could and could not be seen. Talk to witnesses. Build an accurate and honest picture. The car driver claimed I failed to take avoiding action and was traveling too fast. I was able to demonstrate that I could not see the car until seconds before it pulled into view and that my speed was moderate. Based on their and my evidence it was proven the driver crossed the road blind. The driver had been caught in a lie.
The Insurance Company sent an assessor to my house to view the bicycle. Before the visit I collected brochures of the original bike and brochures for a comparative replacement. When he arrived I was honest and friendly. I talked about the bikes value and the cost of replacing it using the evidence I had collected. He thanked me because it saved him time and effort. He complained many people try to overstate their claims.
Lesson 6: The assessor knows bicycles. Do not discuss discounts you received when purchasing the bike. Just help them to identify the actual retail value at the purchase date and the current replacement value.
Towards the end of the conversation the assessor will probe you about what settlement will be acceptable to you.
Lesson 7: The assessor knows what the insurance company will accept and will not accept. He needs to understand what you will accept. Don't make his life hard by trying to bump up the price. He wants to close the case and will work in your favor if he can do so immediately.
The insurance company took 4 months to bring this to conclusion. If you appear desperate by constantly calling and asking questions it weakens your position. The insurance company must settle to everyone's agreement. Letting them take their time means they always have to come back to you with an offer.
Lesson 8: Leave the responsibility to sort the accident out with the insurance company. If you call asking questions you show you are worried and are more prone to agreeing to worse terms.
Conclusion: The case was settled 90/10 in my favor. I did not pay any costs. I received the full cost of my bike and they made a token payment for my shoulder injury.
I hope this helps if you find yourself in the same situation. Don't forget. Buy insurance today so you have representation in the event of an accident.